Ronel Corporation v. Anchor Lock of Florida, Inc.
| Decision Date | 20 December 1963 |
| Docket Number | No. 20505.,20505. |
| Citation | 325 F.2d 889 |
| Parties | RONEL CORPORATION, Appellant, v. ANCHOR LOCK OF FLORIDA, INC., et al., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Herbert S. Shapiro, Miami Beach, Fla., Harold I. Kaplan, Patent Atty., New York City, Shapiro & Fried, Miami Beach, Fla., Blum, Moscovitz, Friedman & Blum, New York City, of counsel, for appellant.
Richard Schulze, Washington, D. C., Robert B. Butler, Hollywood, Fla., Schulze, Blair & Benoit, Washington, D. C., Ellis, Spencer & Butler, Hollywood, Fla., of counsel, for appellees.
Before TUTTLE, Chief Judge, JONES, Circuit Judge, and JOHNSON, District Judge.
This is an appeal from the partial summary final judgment of the district court which determined that the plaintiff's patent No. 2974368 in suit was invalid and consequently could not be infringed by the defendants.
Whatever disputes there are between the parties, one matter is plain: the patent in suit and the patent which the trial court held anticipated it, No. 649761, known as the Saltzkorn patent, both describe very simple devices.
The Lidsky patent here in suit is entitled "Metal fastener." It consists of a metal plate with projecting barbs for securing members together. The Saltzkorn patent also consisted of metal projections extending from a metal plate, which projections were so designed as to be bendable for the purpose of also securing members together. The Saltzkorn patent was entitled "eyelet."
Upon the filing of a motion for summary judgment, the appellees submitted an affidavit of a patent attorney in support of their contention that the Saltzkorn patent anticipated the patent in suit. Appellant filed a cross motion for summary judgment, supported by several affidavits. Thus, says appellant, there were issues of fact as to which the trial court must conduct a full hearing rather than determine the issue by summary judgment.
While it is unusual for a court to dispose of a patent suit by summary judgment, such procedure is recognized as being appropriate in proper circumstances. We have stated as much in Inglett & Co. v. Everglades Fertilizer Co., Inc., 5 Cir., 255 F.2d 342, 349. Although this Court did not, in that case, approve of the summary judgment there rendered, we cited as examples of proper cases for the use of summary judgment, George P. Converse & Co., Inc. v. Polaroid Corp., et al., 1 Cir., 242 F.2d 116; Vermont Structural Slate Co. v. Tatko Bros. Slate Co., 2 Cir., 233 F.2d 9, cert. den., 352 U.S. 917, 77 S.Ct. 216, 1 L.Ed. 2d 123, and Bobertz v. General Motors Corp., 6 Cir., 228 F.2d 94.
We think the language of the Tatko case, supra, is apposite here:
To continue reading
Request your trial
-
In re Yarn Processing Patent Validity Litigation
...rev'd, 474 F.2d 167 (5th Cir. 1973), for the proposition that "summary judgment is the rare exception, see Ronel Corporation v. Anchor Lock of Florida, Inc., 5 Cir. 1963, 325 F.2d 889, and not the rule in patent infringement cases." Of course that decision reversed a summary judgment determ......
-
Walker v. General Motors Corporation
...this procedure in such cases may be relatively rare. Rankin v. King, 272 F.2d 254, 258 (9th Cir. 1959); Ronel Corp. v. Anchor Lock of Florida, Inc., 325 F.2d 889 (5th Cir. 1963). Summary judgment is appropriate in a patent case, as in other civil cases, if there is no genuine issue as to a ......
-
Kardulas v. Florida Machine Products Company
...laymen of modest intelligence. See Monaplastics, Inc. v. Caldor, Inc., 2 Cir. 1967, 378 F.2d 20, 21; Ronel Corp. v. Anchor Lock of Florida, Inc., 5 Cir. 1963, 325 F.2d 889, 890, cert. denied, 377 U.S. 924, 84 S.Ct. 1221, 12 L.Ed.2d 216. To substitute our own judgment concerning the obviousn......
-
Inject-O-Meter Mfg. Co. v. North Plains Fertilizer & C., Inc.
...(3d Cir. 1967); Ballantyne Instruments & Electronics, Inc. v. Wagner, 345 F.2d 671, 672 (6th Cir. 1965); Ronel Corp. v. Anchor Lock of Fla., Inc., 325 F.2d 889, 890 (5th Cir. 1963), cert. denied 377 U.S. 924, 84 S.Ct. 1221, 12 L.Ed.2d 216 (1964). See also footnotes 21 and 23 infra and accom......